116 N.Y.S. 512 | N.Y. App. Div. | 1909
This action was brought to recover rent. The defendant claimed constructive eviction because of a failure to properly heat the demised premises, and because of a nuisance created, by another tenant, to whom a portion of the building, which was occupied as a residence when defendant leased, was subsequently used as a restaurant. The lease, which is in writing, limits.the use of the premisés occupied by defendant to that óf a private dwelling apartment for his family.. There is no covenant of the landlords for
The evidence does not establish a constructive eviction, and the judgment of-the Municipal Court must he affirmed, with costs.
Woodwaed, Jenks, Gaynor and Burr, JJ., concurred.
Judgment of the Municipal Court affirmed, with costs,